DOMNIC ALEX FERNANDES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr.Govilkar learned Advocate for the Petitioners, Mr.Satpute learned Advocate for the respondent Nos.1 & 2 and Mr.Gadkari learned APP for the State.

(2.) The petitioners are seeking to challenge the action sought to be taken by the respondents under Section 19 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, hereinafter called as SAFEMA for brevity, mainly on the ground that the petitioners are lawful tenants in respect of flats in the building and that they cannot be evicted therefrom without following due process of law which is otherwise required to be followed in case of eviction of tenants of a building.

(3.) Few undisputed facts relevant for the decision are that : there existed a building called "Gawde Building" at Juhu Koliwada, Mumbai which belonged to one Mr.Francis Coelho and consisted of a chawl wherein the petitioners and their ancestors were residing as the tenants. One Shri.Krishna Budha Gawde purchased the said building sometime in 1965 and thereafter reconstructed the building in 1972. It was pursuant to the purchase of the premises by Shri.Krishna Budha Gawde that the building came to be known as the "Gawde Building". Under the agreements with the said Shri.Krishna Budha Gawde, the petitioners occupied the reconstructed building and continued to pay the rent to said Krishna Budha Gawde. The petitioners were served with a notice dated 5th July, 1995 by the office of the respondent No.2 calling upon the petitioners to vacate the respective rooms and hand over the possession thereof to the respondents. The notice was replied to by the petitioners through their advocate on 19th July, 1995 raising the issue of tenancy in relation to the premises and being protected under the law of land applicable to them and further that they were not parties to the SAFEMA proceedings against the landlord of the said building, nor they had any opportunity of being heard in the said proceedings at any time. Under notice dated 22nd August, 1995 the respondents informed the petitioners that the proceedings which were initiated under the SAFEMA against the said Shri.Krishna Budha Gawde were concluded whereby the property in question stood forfeited to the Government and even the Appellate Tribunal had confirmed the said forfeiture.